Case number 1:20-cv-00428
Tile, Inc. v. CellnTell Distribution Inc. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 11, 2022 | N/A | USCA Case Number (0) Docket Text: USCA Case Number 22-1543 for [59] Notice of Appeal, filed by 10052191 Canada Inc. dba Cellulartech, Reliance Distribution Inc., CellnTell Distribution Inc.. (jel, ) |
| Aug 5, 2022 | 65 | Report on the Filing and Determination of an Action regarding a Patent or Trademark sent to USPTO (3) Docket Text: Report on the Filing and Determination of an Action regarding patent and/or trademark number 5,561,760. (rep) |
| Aug 5, 2022 | 64 | Order (2) Docket Text: STIPULATION AND ORDER: Voluntarily dismissing the action, with prejudice, and with each party to bear its own costs and fees associated with this matter and with all rights of appeal waived pursuant to the terms of the settlement agreement between the parties. Signed by Senior Judge Frederick J. Scullin, Jr on August 5, 2022. (rep) |
| Aug 4, 2022 | 63 | USCA Mandate (1) Docket Text: MANDATE of USCA (Issued on 8/4/2022) as to Dkt. # [59] Notice of Appeal, filed by 10052191 Canada Inc. dba Cellulartech, Reliance Distribution Inc., CellnTell Distribution Inc.: Appellants move to withdraw the above-captioned appeal with prejudice and without costs to either side. IT IS HEREBY ORDERED that the motion is GRANTED. The appeal is deemed WITHDRAWN. Issued on 8/4/2022. (gmd, ) |
| Aug 1, 2022 | 62 | Stipulation of Dismissal (2) Docket Text: STIPULATION of Dismissal by Tile, Inc.. (Nickerson, Morgan) |
| Jul 25, 2022 | N/A | Terminate Hearings (0) Docket Text: TEXT ORDER: The Evidentiary Hearing scheduled for July 26, 2022 is now canceled as counsel has informed the Court that they have settled the matter and will be filing a notice of dismissal shortly. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on July 25, 2022. (rep) |
| Jul 18, 2022 | 60 | Electronic Notice and Certification to USCA of Appeal (1) Docket Text: ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re [59] Notice of Appeal. (ztc, ) |
| Jul 15, 2022 | 59 | Notice of Appeal (1) Docket Text: NOTICE OF APPEAL as to [56] Order on Motion for Reconsideration, [55] Order on Motion to Intervene by 10052191 Canada Inc. dba Cellulartech, CellnTell Distribution Inc., Reliance Distribution Inc.. Filing fee $ 505, receipt number BNYNDC-5969121. (Ravala, M. Salman) |
| Jun 21, 2022 | N/A | Text Notice of Filing Deficiency (0) Docket Text: TEXT NOTICE OF FILING DEFICIENCY regarding the # [57] Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney M. Salman Ravala's phone number contained in the document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 6/24/2022 (pjh, ) |
| Jun 20, 2022 | 57 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by M. Salman Ravala on behalf of CellnTell Distribution Inc., Reliance Distribution Inc. (Ravala, M. Salman) |
| Jun 17, 2022 | 56 | Order on Motion for Reconsideration (10) Docket Text: MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Defendant Reliance's motion for reconsideration, see Dkt. No. [49], of the Court's April 25, 2022 Order denying its motion to vacate the default judgment against it, is DENIED. Signed by Senior Judge Frederick J. Scullin, Jr on June 17, 2022. (rep) |
| Jun 17, 2022 | 55 | Order on Motion to Intervene (8) Docket Text: MEMORANDUM-DECISION AND ORDER: Denying non-party Cellulartech's [37] Motion to Intervene. Signed by Senior Judge Frederick J. Scullin, Jr on June 17, 2022. (rep) |
| May 31, 2022 | 53 | Response in Opposition to Motion (19) Docket Text: RESPONSE in Opposition re [49] MOTION for Reconsideration re [46] Order,,,, Terminate Motions,,, filed by Reliance Distribution Inc.. Motion returnable before Judge Frederick Scullin, Jr filed by Tile, Inc.. (Nickerson, Morgan) |
| May 11, 2022 | 52 | Order on Motion for TRO (2) Docket Text: ORDER: On May 10, 2022, Defendant Reliance filed a [50] motion for a Temporary Restraining Order in which it requested that the Court stay the execution of the Judgment that the Court entered against it pending resolution of its motion for reconsideration and Cellulartech's motion to intervene. Having reviewed Defendant Reliance's submissions in support of this motion, the Court hereby ORDERS that Defendant Reliance's motion to stay the execution of said Judgment is DENIED. In its Memorandum-Decision and Order dated June 30, 2021, the Court, among other things, ordered that "Plaintiff shall hold in escrow any funds that it has collected from the Amazon.com accounts and any other sources of both Defendant until this litigation is concluded." See Dkt. No. [31] at 21. Plaintiff remains bound by that Order and, to the extent that Order needs further clarification, the Court further ORDERS that Plaintiff shall hold in escrow any funds that it has collected from the Amazon.com accounts and any other sources of both Defendants, whether prior to or after the Court's Memorandum-Decision and Order dated June 20, 2021, until this litigation is concluded. Signed by Senior Judge Frederick J. Scullin, Jr on May 11, 2022. (rep) |
| May 11, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: The Evidentiary Hearing that was previously scheduled for June 17, 2022 is now rescheduled for July 26, 2022 at 11:00 AM in Albany before Senior Judge Frederick J. Scullin Jr. Plaintiff and Defendant CellnTell Distribution Inc. are directed to file and serve their witness and exhibit lists on or before July 12, 2022. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on May 11, 2022. (rep) |
| May 11, 2022 | N/A | Notice of Hearing on Motion (0) Docket Text: TEXT NOTICE RE: [49] Motion for Reconsideration - Motion is returnable before Judge Frederick Scullin, Jr. Response to Motion due is by 5/31/2022. Reply to Response to Motion due by 6/7/2022. (rep) |
| May 10, 2022 | 48 | Status Report (2) Docket Text: STATUS REPORT (Joint) by Tile, Inc.. (Nickerson, Morgan) |
| Apr 25, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: Due to a conflict with the Court's schedule, the evidentiary hearing that is scheduled for June 17, 2022 in Albany needs to be rescheduled. By May 10, 2022, the parties are directed to file a status report with the Court that details the following: (1) Where the parties stand in regard to settlement discussions; (2) Whether the parties have completed depositions of witnesses who may not be available for the hearing; and (3) a list of potential dates between July 18, 2022, and September 23, 2022 for the rescheduled evidentiary hearing. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on April 25, 2022. (rep) |
| Apr 25, 2022 | 46 | Order (3) Docket Text: ORDER: The Court hereby ORDERS that Plaintiff's #[45] motion requesting that the Court deny Defendant Reliance's motion to vacate the default judgment entered against it is GRANTED; and the Court further VACATES that part of its # [31] Memorandum-Decision and Order in which the Court conditionally granted Defendant Reliance's motion to vacate the Court's # [18] Order and the Court further ORDERS that Defendant Reliance's #[24] motion to vacate the Court's September 14, 2020 Order granting Plaintiff's motion for a default judgment and awarding Plaintiff statutory damages against Defendant Reliance in the amount of $1,000,000.00 is DENIED. Signed by Senior Judge Frederick J. Scullin, Jr on 4/25/2022. (pjh, ) |
| Dec 15, 2021 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Senior Judge Frederick J. Scullin, Jr: Telephone Conference held on 12/15/2021 to discuss evidentiary hearing rescheduling due to the Canadian border restrictions.. The parties continue to try to resolve the case. The Court authorized depositions to be conducted for those parties/witnesses that may become unavailable. New hearing date set for 6/17/2022 at 10:00am in Albany. If restrictions are in place at that time, the hearing will be held remotely. Further submissions may be filed one week prior to hearing date. APP: Morgan Nickerson, Esq.; Salman Rabala, Esq obo/ Galen Criscione, Esq. (Court Reporter Jodi Hibbard) (bjw, ) |
| Nov 19, 2021 | 44 | Order (3) Docket Text: ORDER: It is hereby ORDERED that Defendant Reliance Distribution Inc. shall pay Plaintiff the amount of $13,268.50 in attorney's fees on or before December 3, 2021; and upon making such payment, shall file an affidavit with the Court attesting that it has done so. Upon the filing of said affidavit, the Court will vacate the default judgment entered against Defendant Reliance; and within fourteen (14) days of that vacation, Defendant Reliance shall file its response to Plaintiff's complaint. Signed by Senior Judge Frederick J. Scullin, Jr on 11/19/2021. (pjh, ) |
| Nov 17, 2021 | N/A | Order on Letter Request (0) Docket Text: TEXT ORDER granting [42] Joint Letter Motion requesting Adjournment of Evidentiary Hearing due to border restrictions. Teleconference set for 12/15/2021 10:30am Call-in information to be set by separate notice. :. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on 11/16/2021. (bjw, ) |
| Nov 12, 2021 | 42 | Letter Request/Motion (2) Docket Text:Joint Letter Motion for Tile, Inc. requesting Adjournment of Evidentiary Hearing due to border restrictions submitted to Judge Scullin . (Nickerson, Morgan) |
| Nov 10, 2021 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: TEXT ORDER granting [38] Motion for Limited Admission Pro Hac Vice. Attorney Yasir Billoo is admitted to practice in this actin on behalf of Defendants. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 11/10/2021. (mab) |
| Nov 8, 2021 | 40 | Supplemental Admission documents (1) Docket Text: Supplemental Admission documents re: [38] Motion for Limited Admission Pro Hac Vice,. (Criscione, Galen) |
| Oct 13, 2021 | N/A | Notice of Attorney Admission Filing Deficiency (0) Docket Text:Notice of Attorney Admission Filing Deficiency re: the # [38] Motion for Limited Admission Pro Hac Vice,. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Certificate of Good Standing that has been issued by a Court; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (pjh, ) |
| Oct 5, 2021 | N/A | Set/Reset Hearings (0) Docket Text: RESCHEDULING NOTICE: Evidentiary Hearing reset for 12/3/2021 10:00 AM in Albany before Senior Judge Frederick J. Scullin Jr.. (bjw, ) |
| Oct 5, 2021 | N/A | Set/Reset Hearings (0) Docket Text: TEXT ORDER Due to the continuing border restrictions the Evidentiary Hearing in this case is reset for 12/3/2021 at 10:00 AM in Albany before Senior Judge Frederick J. Scullin Jr. Witness and exhibit lists are due 14 days before the hearing date. All other terms of the [31] Memorandum-Decision and Order remain in effect.. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on 10/5/2021. (bjw, ) |
| Aug 25, 2021 | N/A | Order on Letter Request (0) Docket Text: TEXT ORDER granting [33] Joint Letter Motion from Tile, Inc, CellnTell Distribution Inc., Reliance Distribution Inc. requesting Adjournment of Evidentiary Hearing due to border restrictions. Evidentiary Hearing reset for 10/19/2021 10:30 AM in Albany before Senior Judge Frederick J. Scullin Jr. Witness and exhibit lists are due 14 days before the hearing date. All other terms of the [31] Memorandum-Decision and Order remain in effect.. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on 8/25/2021. (bjw, ) |
| Aug 23, 2021 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: TEXT ORDER granting [34] Motion for Limited Admission Pro Hac Vice. Attorney Jeffrey S. Patterson is hereby admitted to practice in this action on behalf of Plaintiff. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 8/23/2021. (mab) |
| Aug 19, 2021 | 33 | Letter Request/Motion (1) Docket Text:Joint Letter Motion from Joint for CellnTell Distribution Inc., Reliance Distribution Inc. requesting Adjournment of Evidentiary Hearing due to border restrictions submitted to Judge Scullin . (Criscione, Galen) |
| Jul 1, 2021 | N/A | Set/Reset Hearings (0) Docket Text: SCHEDULING NOTICE: Evidentiary Hearing set for 9/8/2021 01:00 PM in Syracuse before Senior Judge Frederick J. Scullin Jr.. (bjw, ) |
| Jun 30, 2021 | 31 | Order (21) Docket Text: MEMORANDUM-DECISION and ORDER conditionally granting [24] MOTION to Vacate [18] Order on Motion for Default Judgment and [19] Judgment in accordance with the terms of this order. The Plaintiff and Defendant CellnTell shall appear for an evidentiary hearing 9/8/2021 at 1:00pm, in Syracuse. Witness and exhibit lists due 14 days before the hearing date, 8/25/2021. The Plaintiff shall hold in escrow any funds that it has collected from the Amazon.com accounts and any other sources of both Defendants until this litigation is concluded.. Signed by Senior Judge Frederick J. Scullin, Jr on 6/30/2021. (bjw, ) |
| Mar 9, 2021 | 28 | Order on Motion for TRO (2) Docket Text: ORDER denying [25] Motion for a TRO. Plaintiff shall hold funds received as a result of the Judgment/Turnover Order in an escrow account until the Court issues its decision on defendants' pending [24] motion to vacate judgment.. Signed by Senior Judge Frederick J. Scullin, Jr on 3/9/2021. [Response to motion due by 3/24/2021. Reply to Response due by 3/31/2021.] (bjw, ) |
| Mar 9, 2021 | N/A | Set Motion and R&R Deadlines/Hearings (0) Docket Text: MOTION SCHEDULING NOTICE as to [24] MOTION to Vacate [18] Order on Motion for Default Judgment, [19] Judgment filed by CellnTell Distribution Inc., Reliance Distribution Inc.. Motion returnable before Judge Frederick J Scullin Jr. ON SUBMIT. Response to Motion due by 3/24/2021. Reply to Response to Motion due by 3/31/2021 (bjw, ) |
| Mar 8, 2021 | 27 | Response in Opposition to Motion (7) Docket Text: RESPONSE in Opposition re [25] Emergency MOTION for Temporary Restraining Order filed by Tile, Inc.. (Nickerson, Morgan) |
| Mar 8, 2021 | N/A | Telephone Conference (0) Docket Text: Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Telephone Conference held on 3/8/2021. Appearances: Morgan Nickerson, Esq. for Plaintiff; Galen Criscione, Esq. and Salman Ravala, Esq. for Defendants. The Court held a conference to discuss the status of this matter in light of the pending motion to vacate and the emergency motion for a TRO. After hearing from counsel, it appears that there is no resolution at this time and matter will proceed with the pending motions. The Court will advise Judge Scullin's Chambers. (TIME: 9:32AM-9:48AM). (Court Reporter: Lisa Tennyson) (mab) |
| Mar 5, 2021 | N/A | Order (0) Docket Text: TEXT ORDER: Counsel are directed to appear for a Telephone Conference in this matter on March 8, 2021 at 9:30 AM before the undersigned. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/5/2021. (mab) |
| Feb 8, 2021 | 23 | Order on Motion for Miscellaneous Relief (2) Docket Text: ORDER granting [22] Motion to Enforce Judgment Amazon.com shall pay to Plaintiff the funds in its possession the extent sufficient to satisfy the $1,000,000 judgment entered on September 14, 2020.. Signed by Senior Judge Frederick J. Scullin, Jr on 2/8/2021. (bjw, ) |
| Nov 24, 2020 | N/A | Set Motion and R&R Deadlines/Hearings (0) Docket Text: MOTION SCHEDULING NOTICE as to [22] MOTION to Enforce Judgment . Motion Hearing set for 12/25/2020 before Senior Judge Frederick J. Scullin Jr.will be taken on submit. No oral argument will be held. Counsel is directed to serve this notice upon opposing party. (bjw, ) |
| Sep 14, 2020 | 21 | Clerk's Correction of Docket Entry (3) Docket Text: CLERK'S CORRECTION OF DOCKET ENTRY Judgment replaced, date of judgment omitted in error (bjw, ) |
| Sep 14, 2020 | 20 | Report on the Filing and Determination of an Action regarding a Patent or Trademark sent to USPTO (1) Docket Text: Report on the Filing and Determination of an Action regarding patent and/or trademark number(s) 5,561,760. (see) |
| Sep 14, 2020 | 19 | Judgment (3) Docket Text: JUDGMENT in favor of Tile, Inc. against CellnTell Distribution Inc., Reliance Distribution Inc.. (bjw, ) (Main Document 19 replaced on 9/14/2020) (bjw, ). |
| Sep 14, 2020 | 18 | Order on Motion for Default Judgment (3) Docket Text: ORDER granting [15] Motion for Default Judgment. Plaintiff is awarded statutory damages in the amount of $1,000,000.00 against Cellntell Distribution and $1,000,000.00 against Reliance Distribution and further that defendants are enjoined from engaging in certain activity pursuant to the terms of this order.. Signed by Senior Judge Frederick J. Scullin, Jr on 9/14/2020. (bjw, ) |
| Jul 10, 2020 | N/A | Notice (Other) (0) Docket Text: TEXT NOTICE: In light of the pending Motion for Default Judgment in this matter, the Rule 16 Initial Conference scheduled for July 17, 2020 before Magistrate Judge Daniel J. Stewart and the deadline for the parties to file a proposed Civil Case Management Plan and exchange Mandatory Disclosure are ADJOURNED without date at this time. (mab) |
| Jun 1, 2020 | 16 | Order (1) Docket Text: ORDER granting Voluntarily Dismissal of Count III of the complaint without prejudice.. Signed by Senior Judge Frederick J. Scullin, Jr on 6/1/2020. (bjw, ) |
| Jun 1, 2020 | N/A | Set Motion and R&R Deadlines/Hearings (0) Docket Text: MOTION SCHEDULING NOTICE as to [15] MOTION for Default Judgment as to CellnTell Distribution, Inc. and Reliance Distribution, Inc. . Motion Hearing set for 7/10/2020 before Senior Judge Frederick J. Scullin Jr. will be taken on submit. No oral argument will be held. Counsel shall serve this notice upon the opposing parties. (bjw, ) |
| May 29, 2020 | 14 | Notice of Voluntary Dismissal (1) Docket Text: NOTICE of Voluntary Dismissal of Count III Only by Tile, Inc. (Nickerson, Morgan) |
| May 13, 2020 | N/A | Notice (Other) (0) Docket Text: NOTICE By COURT re [13] Clerk's Entry of Default. A motion for default judgment must be filed within 30 days from the date of this notice. (bjw, ) |
| May 12, 2020 | 13 | Clerk's Entry of Default (1) Docket Text: CLERK'S ENTRY OF DEFAULT as to CellnTell Distribution Inc. and Reliance Distribution Inc. approving the # [12] Request for Entry of Default. (pjh, ) |
| Apr 21, 2020 | 11 | Summons Returned Executed (1) Docket Text: SUMMONS Returned Executed by Tile, Inc.. Reliance Distribution Inc. served on 4/15/2020, answer due 5/6/2020. (Nickerson, Morgan) |
| Apr 21, 2020 | 10 | Summons Returned Executed (1) Docket Text: SUMMONS Returned Executed by Tile, Inc.. CellnTell Distribution Inc. served on 4/17/2020, answer due 5/8/2020. (Nickerson, Morgan) |
| Apr 16, 2020 | 9 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Morgan T. Nickerson on behalf of Tile, Inc. (Nickerson, Morgan) |
| Apr 15, 2020 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: TEXT ORDER granting [7] Motion for Limited Admission Pro Hac Vice. Attorney Morgan T. Nickerson is hereby admitted to practice in this action on behalf of Plaintiff. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 4/15/2020. (mab) |
| Apr 14, 2020 | 6 | FRCP 7.1 Corporate Disclosure Statement (1) Docket Text: FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Tile, Inc.. (Kozin, Nicole) |
| Apr 14, 2020 | 3 | G.O. 25 Filing Order (15) Docket Text: G.O. 25 FILING ORDER ISSUED: Initial Conference set for 7/17/2020 at 9:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/10/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh, ) |
| Apr 14, 2020 | N/A | Clerk's Correction of Docket Entry (0) Docket Text: CLERK'S CORRECTION OF DOCKET ENTRY: Clerk modified the text of the #[5] Notice of Admission Requirement to include that the Notice was served upon Attorney Nickerson via e-mail. (pjh, ) |
| Apr 13, 2020 | 5 | Notice of Admission Requirement (1) Docket Text: NOTICE of Admission Requirement as to Attorney Morgan T. Nickerson, Email address is morgan.nickerson@klgates.com. Phone number is 617-261-3175. Admissions due by 4/27/2020. {Served upon Attorney Nickerson via e-mail} (pjh, ) Modified on 4/14/2020 to include that the document was served upon Attorney Nickerson (pjh, ). |
| Apr 13, 2020 | 4 | Report on the Filing and Determination of an Action regarding a Patent or Trademark sent to USPTO (1) Docket Text: Report on the Filing and Determination of an Action regarding trademark number 5,561,760. (pjh, ) |
